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2012 Swing State Focus (Last Updated: November 2012)

Absentee ballots must be returned in the provided return envelope and received by the appropriate county board of elections prior to the close of the polls on Election Day or postmarked[1] no later than the day before the election and received by the board of elections no later than 10 days after the election. ORC 3509.05. For voters outside the U.S. on Election Day, the return envelope must be submitted for mailing not later than 12:01 a.m. on Election Day and received by the appropriate county board of elections not later than 10 days after the election. ORC 3511.09.

[1] The return envelope must bear a valid postage cancellation stamp affixed by the U.S. Postal Service.

In 2008, 1,645,618 absentee ballots were cast, and 98.4 percent of those ballots were counted. In 2010, 849,253 absentee ballots were cast both in person and by mail, and 99.7 percent of those ballots were counted. U.S. Election Assistance Commission, Election Administration and Voting Survey, http://www.eac.gov/research/election_administration_and_voting_survey.aspx.

In the application for the absentee ballot, the voter must provide EITHER the last four digits of his or her Social Security number OR an Ohio driver’s license number, OR the voter must enclose a COPY of a current and valid photo identification, military identification, OR a current (within the last 12 months) utility bill, bank statement, government check, paycheck or other government document (other than a voter registration notification mailed by a board of elections) that shows the voter’s current name and current address. ORC 3509.03.

Yes, in 2008 then-Secretary of State Jennifer Brunner issued Directive 2008-109, which required boards of elections to notify absentee voters of the presence of any deficiency with their absentee voter's ballot ID envelope that would prevent the ballot from being counted when the voter is otherwise eligible to vote. Once notified, voters have until ten (10) days after the election to correct any omission or error regarding their ballot ID envelope.

Saturday, November 3 at noon is the deadline for all voters to request an absentee ballot be mailed to them. RC 3509.03, 3511.02. Early in-person voting will continue until 2 p.m. on Monday, November 5 for domestic and overseas voters. Directive 2012-50. UOCAVA voters may apply and vote in person at board of elections offices until the close of polls. RC 3511.10.

Under Ohio statute there is no “wrong precinct” exception to the prohibition on counting ballots cast in the wrong precinct, but the US District Court for the Southern District of Ohio has issued an injunction that requires such right-location, wrong-precinct ballots to be counted if that ballot was cast in the wrong precinct as a result of poll worker error. If a poll worker directed the voter to the wrong precinct, boards of elections may not reject provisional ballots cast in the wrong precinct by lawfully registered voters in the November 2012 general election. The votes cast on the provisional ballot must be counted in all races and for all issues for which the voter would have been eligible to vote if the voter had cast the ballot in the correct precinct. See SEIU v. Husted, No.2:12-CV-00562 (US Dist. Ct. So. Dist OH).

The voter is not required to do anything to correct the error caused by the poll worker. However, the ballot can be rejected if the voter insists on voting in the wrong precinct, the poll worker directed the voter to the correct precinct, informed the voter that casting the wrong-precinct ballot would result in all votes on the ballot being rejected under Ohio law, the voter refused to travel to the correct precinct and insisted on voting the invalid ballot, and the Board of Elections has verified that the precinct to which the poll worker directed the voter was the correct precinct for that voter.

If voters cast their provisional ballots and provided acceptable proof of identity (see above), they typically will not need to provide any additional information to the board of elections. However, if voters cast a provisional ballot and did not provide acceptable proof of identity at the time of voting (see above), they must appear in person at the board of elections to provide such proof within the 10 days immediately following Election Day. ORC 3505.182.

Acceptable proof of the voter’s identity in the form of a current and valid photo identification;

·A military identification;

·A copy of a current (within the last 12 months) utility bill (including cell phone bill), bank statement, government check, paycheck, or other government document (but not a voter registration acknowledgement notification mailed by a board of elections) that shows the voter’s name and current address (including from a public college or university); or

·The last four digits of the voter’s Social Security Number. ORC 3505.18.

If the voter cast a provisional ballot because the voter’s right to vote was challenged at the polling place under R.C. 3505.20, and the election officials either determined that the voter was ineligible to vote or were unable to determine the voter’s eligibility, the voter must provide any identification or other documentation required to resolve the challenge. ORC 3505.181.

Yes. If a voter casts a provisional ballot because, at the time of voting, the voter did not have any acceptable form of identification or a Social Security Number and declined to execute the written affirmation statement swearing to the voter’s identity under penalty of election falsification, the voter must provide to the board of elections either a valid form of identification, including the last four digits of the voter’s Social Security Number, or a signed affirmation statement (provided by the board of elections) stating that the voter does not have any of the valid forms of identification. ORC 3505.182.

Under Ohio statute there is no “wrong precinct” exception to the prohibition on counting ballots cast in the wrong precinct, but the US District Court for the Southern District of Ohio has issued an injunction that requires such right-location, wrong-precinct ballots to be counted. The votes cast on the provisional ballot must be counted in all races and for all issues for which the voter would have been eligible to vote if the voter had cast the ballot in the correct precinct. See SEIU v. Husted, No.2:12-CV-00562 (US Dist. Ct. So. Dist OH).

Yes. In a district, county or municipal election, if the margin of victory does not exceed one-half of one per cent (.05 percent) a recount is automatically triggered. In a statewide election, if the margin of victory does not exceed one-fourth of one percent (.025 percent) a recount is automatically triggered. ORC 3515.011.

Boards of Elections must complete their canvass of ballots by no later than 21 days after the general election. Ohio Rev. Code Ann. § 3505.32 (West). The Secretary of State must complete his or her canvass of the abstracts within 10 days of receipt of all of the abstracts. Ohio Rev. Code Ann. § 3505.35 (West).

To cast a regular ballot, voters must show one of the following forms of identification at the polling place on election day:

A current[1] and valid photo identification card issued by the State of Ohio or the United States government;[2] or

A military identification ("military ID"); or

An original or copy of a current utility bill; or

An original or copy of a current bank statement; or

An original or copy of a current government check; or

An original or copy of a current paycheck; or

An original or copy of a current other government document, other than a voter registration acknowledgement notification mailed by the board of elections, that shows the voter’s name and current address. ORC 3505.18.

[1]Current means the document was issued on a date within one (1) year immediately preceding the date of the election at which the voter seeks to vote, or has on it an expiration date which has not passed as of the date of the election in which the voter seeks to vote.

[2] A voter presenting an Ohio driver’s license that shows the voter’s former address is permitted to cast a regular ballot so long as the voter’s current residential address is printed in the official poll list of registered voters for that precinct.

Yes. Voters who do not have any of the above forms of identification will still be able to vote by signing an affirmation statement swearing to the voter’s identity under penalty of election falsification and by casting a provisional ballot. For those voters that do have a Social Security Number, they may provide their social security number or the last four digits of their Social Security Number and vote a provisional ballot. ORC 3505.18

Disclaimer

Election Law at Moritz is nonpartisan and does not endorse, support, or oppose any candidate, campaign, or party. Opinions expressed by individuals associated with Election Law at Moritz, either on this web site or in connection with conferences or other activities undertaken by the program, represent solely the views of the individuals offering the opinions and not the program itself. Election Law at Moritz institutionally does not represent any clients or participate in any litigation. Individuals affiliated with the program may in their own personal capacity participate in campaign or election activity, or engage in pro bono representation of clients other than partisan candidates or organizations.

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